Shaping the future with our clients, people and communities1-10 of 33 results
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...
When enforcement cannot undermine the confidentiality of arbitration
The decision highlights the court’s pro-arbitration stance and the value it places on respecting confidentiality arrangements agreed between parties in private arbitration. ...
Investor state arbitration and the environment: preparing for change in 2021 and beyond
The overlap between international investment and environmental protection is expanding, eg with environmental protection provisions featuring in recent International Investment Agreements (IIAs) and international Free Trade Agreements (FTAs), and environment-related investor-state disputes. ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
Arbitration agreements – don’t play chicken with imprecise drafting
The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...
PNG proposes a new regime for arbitration
Papua New Guinea has proposed a new regime for domestic and international arbitrations: the Arbitration Bill 2019. If enacted, it has the potential to provide greater certainty for arbitrations in PNG, and the recognition and enforcement of arbitral awards within PNG. ...
The new Hague Rules on Business and Human Rights Arbitration – effective remedy or strange chimera?
The recently launched Hague Rules on Business and Human Rights Arbitration are an innovative framework for the resolution of business and human rights disputes through international arbitration. We look at how they operate and why companies might elect to arbitrate under the new regime. ...
PNG draft Arbitration Bill 2019 – what is proposed?
Following Papua New Guinea's accession to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (read our Insight on PNG's accession to the New York Convention ...
PNG accedes to the New York Convention – what will change?
Papua New Guinea (PNG) recently acceded to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is likely to increase its attractiveness to foreign investors. ...
Australian investor wins big at ICSID
At ICSID, Australian's investor wins big. ...